Fraud / Forensic Investigations

Litigation Engagements

• On behalf of plaintiff – a marine construction company – that sued a customer, its owners and executives, and several of their affiliated entities for fraud and civil conspiracy regarding the sale of the assets of the customer to a related entity with the proceeds allegedly used to either pay off or pay down purported affiliated entity debt thus causing the customer to become insolvent and unable to pay a $5.7 million judgment related to its purchase of a housing unit for an offshore drilling platform from the plaintiff – in state court in Mississippi.

• On behalf of a professional athlete – who suspected his representatives, family members, and others were wasting his resources and utilizing his funds for their personal purposes. I performed a forensic investigation that documented the existence of this activity thus allowing the client to take appropriate action.

• On behalf of plaintiffs – two accountants who are former employees of entities that are part of the R. Allen Stanford affiliated group of companies - who sued the insurance carriers that issued a directors’ and officers’ liability policy for coverage of their legal fees and other costs related to defending themselves in a civil lawsuit brought by the SEC and a parallel criminal case brought by the U.S. Department of Justice. The insurance carriers denied coverage alleging a money laundering exclusion in the policy applied – in federal district court in Texas.

• On behalf of all parties – owners of several auto parts distribution companies - who fell out of sorts with one another after the death of the founder/patriarch with one faction splitting away to establish a competing business. I performed a pre-litigation forensic investigation for the mediator selected by the parties to help assess the operational performance of the various companies in hopes the dispute could be resolved without actual litigation – in mediation in Texas.

• On behalf of defendant/counter-plaintiff – the subsidiary of an SBIC that is a fixed base operator at a large municipal airport – which was sued by its former CEO and CFO for allegedly promised ownership interests in the company to assess the defendant’s counterclaim allegations that the CEO and CFO failed to put a proper employee expense reimbursement system in place and approved inappropriate and improper expense reimbursements for themselves and other company employees – in federal district court in Texas.

• On behalf of defendant – a public company in the telephone billing aggregation business – that was sued by the Federal Trade Commission for allegedly failing to uncover a manufactured collect calls cramming fraud sooner than it did – in federal district court in Florida.

• On behalf of defendants – related public companies in the hotel ownership and management businesses – that were sued for fraud and breach of fiduciary duty in connection with the formation and management of a limited partnership that acquired 70 of their properties — in state district court in Texas.

• On behalf of plaintiff – a young man severely injured in an automobile accident – who sued an elderly former business owner who was the driver of the automobile that injured him, for personal injury damages to be paid from funds that were possibly fraudulently transferred into a family limited partnership — in state district court in Texas.

• On behalf of plaintiff – the widow of an energy industry entrepreneur — who sued for economic damages alleging that her deceased husband’s business partners defrauded her in connection with a business opportunity they exploited after his death – in state district and probate courts in Texas.

• On behalf of plaintiff – a physician – who sued her former employer, a medical clinic, and its sole shareholder for fraudulent misrepresentation in interpreting the compensation clauses of her employment contract, which resulted in her pay and benefits being understated over a period of 12 years — in state district court in Texas.

• On behalf of defendants – a limited partnership organized to breed race horses and its organizers – who were sued by a limited partner investor who claimed he was defrauded as the result of alleged misrepresentations about the potential for profit — in state district court in Texas.

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